Brar v RailCorp [2012] NSWTAB 7

Brar v RailCorp [2012] NSWTAB 7

The Board was satisfied on the balance of probabilities that Mr Brar repeatedly used extremely offensive language and behaved aggressively towards Police and Transit Officers, repeatedly identified himself as a RailCorp Train Driver, and continued unacceptable conduct at the Police Station. Although he was off duty, the conduct had a sufficient connection with his employment because it occurred on a RailCorp railway station, his usual place of work, in a public place on New Year's Eve, in the presence of the public, Police, Transit Officers and managers, while he was using a RailCorp Employee Travel Pass subject to conditions requiring him to uphold RailCorp standards, and while he...

Jurisdiction
Australia
Judgment Date
22 March 2012
Procedural Posture
Disciplinary Appeal Against Dismissal Under Clause 43 of the Transport Administration (staff) Regulation 2005 / Decision After Hearing
Outcome
Appeal disallowed
Legal Topics
['breach of Code of Conduct' 'out of Hours Conduct' 'offensive Language Towards Police and Transit Officers' 'misuse of Sick Leave' 'dismissal' 'nexus Between Misconduct and Employment']
['public Service Employment' 'employment Discipline' 'transport Appeals'] ['breach of Code of Conduct' 'out of Hours Conduct' 'offensive Language Towards Police and Transit Officers' 'misuse of Sick Leave' 'dismissal' 'nexus Between Misconduct and Employment']

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Procedural Posture

Disciplinary Appeal Against Dismissal Under Clause 43 of the Transport Administration (staff) Regulation 2005 / Decision After Hearing

Legal Issues

  1. 1 ['Whether Mr Brar breached the RailCorp Code of Conduct by engaging in unacceptable behaviour on 31 December 2010 while off duty at Central Railway Station and later at the Police Station.' 'Whether Mr Brar provided false and/or misleading information to RailCorp when he notified that he was sick and would not work his rostered shift on 31 December 2010.' 'Whether Mr Brar provided false and/or misleading information to RailCorp when he submitted an application for sick leave for 31 December 2010.' "Whether there was a sufficient connection between Mr Brar's out of hours conduct and his employment with RailCorp to justify disciplinary action." 'Whether dismissal was an appropriate disciplinary penalty in all the circumstances.']

Ratio Decidendi

The Board was satisfied on the balance of probabilities that Mr Brar repeatedly used extremely offensive language and behaved aggressively towards Police and Transit Officers, repeatedly identified himself as a RailCorp Train Driver, and continued unacceptable conduct at the Police Station. Although he was off duty, the conduct had a sufficient connection with his employment because it occurred on a RailCorp railway station, his usual place of work, in a public place on New Year's Eve, in the presence of the public, Police, Transit Officers and managers, while he was using a RailCorp Employee Travel Pass subject to conditions requiring him to uphold RailCorp standards, and while he...

Court Disposition

Appeal disallowed

Orders

  • ['The appeal of Jasdeep Brar against the decision of RailCorp to dismiss him for his position of Train Driver is disallowed.']